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Jude87

I-864 question

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Filed: K-3 Visa Country: Australia
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Hi Guys,

I have a question regarding the I-864. I was hoping you could help me with answers. To begin, my situation is that I'm a geotech engineer from Australia, my wife (who is american) and baby are in the states and I'm trying to emigrate over there with a K3 visa. My problem is with the I-864. We only have about 10 grand in cash and maybe another 5 grand in assets. I've been working at my company here in Australia for the last 3 years while my wife hasn't worked in the last 2 years (full time mom).

I'm assuming that my wife wouldn't be able to meet the guidelines for the I-864 as a single sponsor (zero salary) so we're hoping to use her brother in law and sister as independent sponsors. I'm just wondering - for the household sizes set by the guidelines, they have 4 kids and my family is 3, does that mean we need to meet the minimum for 7 (their household of 4 and my household of 3) or would it be 5? (their household of 4 and me).

Alternatively, do you guys see any feasible options for my family to qualify without having to use my extended family as sponsors? I have a history of working, have a ABET accredited STEM degree and we have the 15k in assets/cash. Surely that should mean something in itself?

Anyway thanks for taking the time to read through this guys!

Edited by Jude87
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Filed: IR-1/CR-1 Visa Country: China
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K-3 visa chasers don't file the I-864.

I'll let someone else more versant on the head-count math figure out the rest of yer stuff.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
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I think you should be looking at IR1 (for couples married for more than two years) / CR1 (for couples married for less than two years).

Read the guide here

http://www.visajourney.com/content/i130guide1

Your USC wife will be the primary sponsor while her sister and brother-in-laws as joint sponsor

The household size will be their household of 4 and you only = 5, since your wife and kid are USC

Done with K1, AOS and ROC

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Alternatively, do you guys see any feasible options for my family to qualify without having to use my extended family as sponsors? I have a history of working, have a ABET accredited STEM degree and we have the 15k in assets/cash. Surely that should mean something in itself?

Read here:

http://travel.state.gov/content/visas/english/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html#6

Can the immigrant visa applicant count assets that he or she owns that are outside the United States, such as real estate or personal property?

Yes, under the following conditions:

  • The assets must be convertible to cash within 12 months
  • The applicant must show that the assets can be removed from the country where they are located. Many countries have limits on cash or liquid assets that can removed from the country
  • The net value of assets is at least five times the difference between the sponsor's income and 125 percent of the poverty guideline for the household size.

Done with K1, AOS and ROC

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The household size will be their household of 4 and you only = 5, since your wife and kid are USC

Sorry, the household size should be 2 themselves + their 4 kids and you = 7

Done with K1, AOS and ROC

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